Re: [BDSM-LegalIssues] Re: Arrested, ALL charges dismissed, career ruined WAS: You did, didn't you,
Not really.
In Canada a judge can put a temporary ban on publication but that would come at or after the first court appearance not at the arrest. And it is still the exception rather than the rule. Has to be asked for and there have to be reasons for it.
Whether there are media camped at the door depends a lot on who it is that is arrested. If the Prime Minister was arrested, then for sure the media would be there. Joe Blow - doubt it. Also depends on the charge - bdsm related charges being "different" would attract attention more than a drunk driver charge!
Media do keep a close watch on the courts and check posted court appearances - just about all arrests result in a court appearance being posted.
S H
----- Original Message ----
From: "GldnCAGrls@aol.
To: BDSM-LegalIssues@
Sent: Thursday, January 10, 2008 4:05:02 PM
Subject: Re: [BDSM-LegalIssues] Re: Arrested, ALL charges dismissed, career ruined WAS: You did, didn't you,
I believe there are some other differences between Canada and the USA
on arrest and the press that prevent this discussion from becoming just
a shouting match. In the USA the press can and do camp out on the
employeers door when someone who is employeed there is arrested. I
thought in Canada, but perhaps just the UK, that the press wasn't
permitted to do such things. That makes a huge difference, and a large
enough one that the comparisons are apples and oranges.
Gary
-----Original Message-----
From: Spanked Hubby <spankedhubby2005@ yahoo.ca>
To: BDSM-LegalIssues@ yahoogroups. com
Sent: Thu, 10 Jan 2008 9:59 am
Subject: Re: [BDSM-LegalIssues] Re: Arrested, ALL charges dismissed,
career ruined WAS: You did, didn't you,
Us Dutch (I was born there!) have good sense, eh.
Canada has not gone as far as the Dutch. But as I have repeatedly
stated - and
as the USA naysayers have repeatedly rejected or ignored - balanced
treatment is
possible that respects the rights of everyone more equally.
I give up on the naysayers - they just refuse to get it and refuse to
take off
their blinders, etc.
Once again, I suggest we move on - agree to disagree and find some
other issue
to discuss.
S H
----- Original Message ----
From: guilty^ <guilty1974@
To: BDSM-LegalIssues@ yahoogroups. com
Sent: Thursday, January 10, 2008 8:58:45 AM
Subject: Re: [BDSM-LegalIssues] Re: Arrested, ALL charges dismissed,
career
ruined WAS: You did, didn't you,
Duncan O'Neil wrote:
> I have not been reading all of this. I only remember one person
> speaking about having to involve the courts in discharging a person
> "down here". I resume that was Australia. But the rendering was
> apocryphal rather than evidentiary.
The Netherlands rather than Australia :-)
The rendering is complete apocryphal in the discussion on the legal
facts concerning the US. It is, however, evidence of the fact there can
actually be system that protects the employee substantially more than is
the case in the US. Although the employers are lobbying strong at this
time to change the system.
> Although it did display the
> country appears to have a union in charge.
Whether on is in favour of such a system is political and not a legal
question. I am, for the simple reason often the "I don't require your
services anymore" is often not only the fault of the employee.
Let's say an employer hires 10000 people, screws up choosing the wrong
add-campaign and then wishes to lay-off 3000 of the people he hired on a
permanent contract. Then yes, I think it's wise to have check on that.
The employer took the risk, he could have chosing for temporary
contracts *not* raising expectations of a steady job.
Or, more on-topic, if the employer-employee relation becomes troublesome
because the employer can't deal with the fact that the employee turns
out to be a bdsm-practioner in his off-hours, that *is* partly because
the employers lack of professionalism in dealing with people with
alternative sexuality preferences.
Where the "I don't require you anymore" is to blame on both parties or
the employer, I find it quite justifiable that both parties or the
employer suffer for it, and not just the employee who gets sacked.
Do we have a union in charge, no, but we do have a somewhat stronger
social-democratic tradition :-)
Roel
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